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Hadith 35276
Malik related to me from Ibn Shihab from Abu Salama ibn Abd ar-
Rahman ibn Awf from Jabir ibn Abdullah al-Ansari that the Messenger of
Allah, may Allah bless him and grant him peace, said, "If someone is
given a life pension, for him and his posterity, it belongs to the
person to whom it has been given. It never reverts to the one who gave
it because he gave a gift and the rules of inheritance apply to it."
Muwatta Malik Book 36, Hadith 60
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Yahya said that he heard Malik say, "The way of doing things in
our community about which there is no dispute, is that if a man gives
sadaqa to his son - sadaqa which the son takes possession of or which
is in the father's keeping and the father has had his sadaqa
witnessed, he cannot take back any of it because he cannot reclaim any
sadaqa."
Yahya said that he heard Malik say, "The generally
agreed-on way of doing things in our community in the case of someone
who gives his son a gift or grants him a gift which is not sadaqa is
that he can take it back as long as the child does not start a debt,
which people claim from him, and which they trust him for on the
strength of the gift his father has given him. The father cannot take
back anything from the gift after debts are started against it.
"If a man gives his son or daughter something and a woman marries
the man, and she only marries him for the wealth and the property
which his father has given him and so the father wants to take that
back, or, if a man marries a woman whose father has given her a gift
and he marries her with an increased bride-price because of the wealth
and property that her father has given, then the father says, 'I will
take that back,' then the father cannot take back any of that from the
son or daughter if it is as I have described to you." Muwatta Malik Book 36, Hadith 59
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Malik related to me from Yahya ibn Said that Abd ar-Rahman ibn
al-Qasim ibn Muhammad heard Makhul ad-Dimashqi ask al-Qasim ibn
Muhammad about the life pension and what people said about it. Al-
Qasim ibn Muhammad said, "I have only come upon people who keep to the
conditions they make about their property and what they are given."
Yahya said that he heard Malik say, "What is done in our
community is that the life pension reverts to the one who makes it a
life pension unless he says, 'It belongs to you and your posterity.' " Muwatta Malik Book 36, Hadith 61